Brooklyn man gets prison time

McNeil convicted of stabbing in city

October 13, 2012

JOHNSTOWN - A Brooklyn man accused 14 months ago in a Gloversville stabbing was sentenced Friday in Fulton County Court to 4 1/2 years in state prison.

Irving D. McNeil, 24, of 1101 Putnam Ave. also was sentenced by Judge Richard C. Giardino to five years of post-release supervision as part of a plea arrangement.

McNeil had pleaded guilty Aug. 20 in Fulton County Court to one felony count of second-degree assault as his retrial was about to begin. He had faced retrial for a felony count of first-degree assault before Giardino. His previous trial last spring ended with a hung jury.

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McNeil

McNeil was convicted of stabbing 27-year-old Laterence Wilson of Eighth Avenue, Gloversville, on Aug. 3, 2011, in Gloversville. Wilson was stabbed in the chest and groin.

After the stabbing, Wilson was taken to Nathan Littauer Hospital in Gloversville and airlifted to Albany Medical Center Hospital where he had emergency surgery and spent more than two weeks recovering.

Gloversville police identified McNeil as the suspect shortly after the stabbing, which occurred during an altercation on Hamilton Street shortly after midnight Aug. 3, 2011. But he was being held in New York City on an attempted-murder charge that later was dismissed. About a week after his release, he was arrested by U.S. marshals in September 2011 and turned over to city officials.

Jurors in McNeil's first County Court trial - from April 30 to May 8 before Judge Polly A. Hoye - indicated to the judge they were deadlocked. She read an Allen charge - instructions that can help jurors resolve stalemates - and they returned to deliberate May 7 and 9 before telling her they were still unable to resolve differences.

During the trial, Wilson took the stand but couldn't point to McNeil as his assailant.

Other prosecution witnesses identified McNeil. But McNeil's defense attorney for the first trial, Ronald Schur of Mayfield, contended those witnesses were given deals by the district attorney's office in exchange for their testimony.